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AF | BCMR | CY2007 | BC-2007-00283
Original file (BC-2007-00283.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00283
                                             INDEX CODE:  110.00
      XXXXXXXXXXXXXXXXX                 COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  17 August 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

Her  discharge  characterization  be   changed   from   uncharacterized   to
honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

She was discharged due to a medical problem and only completed 178  days  of
training while in the service.

She was advised to file for an honorable discharge six  months  after  being
discharged.

In support of her appeal, she has submitted a copy of her DD Form 214.

Applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 26 October 2004 for a  period
of six years.

On 22 April 2005, applicant  was  notified  of  her  commander's  intent  to
recommend her separation for  erroneous  enlistment,  with  an  Entry  Level
Separation characterization.

The commander stated the reason for the  proposed  discharge  action  was  a
Chronological Record of Medical Care form, dated 5 April 2005, which  stated
that she had been diagnosed with Barrett’s Esophagitis, which existed  prior
to service and had not been permanently aggravated by service.  Had the  Air
Force known of this condition, she would not have been  allowed  entry  into
the military.

The commander advised applicant of  her  right  to  consult  legal  counsel,
submit statements in her  own  behalf,  or  waive  the  above  rights  after
consulting with counsel.

On 22 April 2005, applicant waived her right to consult counsel  and  submit
statements in her own behalf.

Applicant was discharged on 6 May 2005 in the grade of  Airman  First  Class
(E-3).  She was discharged in accordance with AFI 36-3208,  paragraph  5-14,
for erroneous enlistment, with an Entry Level  Separation  characterization.
She served a total of six months and 11 days of net active service.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial  as  the  discharge  was  consistent  with  the
procedural and substantive requirements of the discharge regulation and  was
within the discretion  of  the  discharge  authority.   Her  uncharacterized
service characterization is correct  and  in  accordance  with  DoD  and  AF
instructions.  The applicant did not submit any  evidence  or  identify  any
errors  or  injustices  that  occurred  in  the  discharge  processing,  and
provided no facts warranting a change to her  uncharacterized  character  of
service.

Airmen   are   given   entry   level   separation/uncharacterized    service
characterization when separation is  initiated  in  the  first  180 days  of
continuous active service.  The Department of Defense (DoD) determined if  a
member served less than 180 days continuous  active  service,  it  would  be
unfair to the member and the service to characterize their limited service.

Based on a notification date of 22 April 2005, applicant was separated  with
an Entry Level Separation characterization.  As of this  notification  date,
applicant had served on active  duty  for  a  period  of  179  days,  and  a
member’s status is determined by the  date  of  notification  in  accordance
with AFI 36-3208, paragraph 1.19.

The AFPC/DPPRS evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 9  March
2007, for review and comment within 30 days.  However, as of this  date,  no
response has been received by this office.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  an  error  or  injustice  as  concerns  applicant’s  Type  of
Separation.  We are not persuaded by the evidence presented that the  entry-
level separation  characterization  received  by  the  applicant  should  be
changed to an honorable discharge.  We note the  uncharacterized  separation
is not an unfavorable reflection upon her military service nor should it  be
confused with other types of separations.  Rather,
as  was  noted  by  the  Air   Force,   an   entry-level   separation   with
uncharacterized service is used in those cases where the member has not  yet
completed six months of service at the  time  separation  proceedings  were,
for  whatever  reason,  initiated.   Hence,  an  uncharacterized  separation
merely connotes the brevity of an individual’s  membership  in  the  service
and may not, in and of itself, be viewed as a defamation of the  applicant’s
character.  Accordingly, we agree with the  opinion  and  recommendation  of
the Air Force office of primary responsibility and adopt  its  rationale  as
the basis for  our  conclusion  that  the  applicant’s  separation  was  not
erroneous or unjust.  Therefore,  in  the  absence  of  persuasive  evidence
indicating that the applicant was  deprived  of  rights  to  which  she  was
entitled, we find no compelling  basis  to  recommend  granting  the  relief
sought in this application.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-00283
in Executive Session on 19 April 2007, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. James A. Wolffe, Member
                       Ms. Maureen B. Higgins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Feb 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 28 Feb 07.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Mar 07.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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